The former members of the dissolved Iraqi Baath party have become a point of contention in the conflicts between Iraqi Prime Minister Nouri al-Maliki and his rivals.

According to the de-Baathification Law, which was issued by the former administrator of the Coalition Provisional Authority of Iraq, Paul Bremer, members of the Baath Party are banned from holding key positions. In 2008, the law was amended under the Justice and Accountability Act to include anyone involved in crimes against humanity, but within a more flexible framework.

The law, however, has become a disputed political issue in Iraq, with each of the parties involved interpreting it differently. Clearly, Maliki is going through a contentious political crisis that may remove him from the seat of power. Unavoidably, he has had to play the legal card in order to protect his power.

Previously Maliki succeeded in deterring Baathists from participating in the parliamentary elections of 2010, as was the case with Saleh al-Mutlaq, a prominent Sunni figure who later became deputy prime minister.